Legal Question in Wills and Trusts in New Jersey
disclosure of will
Is there a time lin regarding when heirs named in a will are allowed to have a copy of the will? Is the executor reponsible for the disclosure?
2 Answers from Attorneys
Re: disclosure of will
Under NJ law, 'Notice of Probate' together with a copy of the Will, must be sent to all beneficiaries named in the will and to all intestate heirs, within 60 days of the Will being probated.
Re: disclosure of will
A will has no legal effect until it is proved up in probate. Once it is filed in a probate proceeding, everyone interested in the estate is required to be given notice of the probate proceeding and all papers in the probate file are public record and available,including the will. One of the purposes of probate of a will is to determine if the will is valid. It is also to appoint a personal representative of the estate, called an executor if there is a will, otherwise an administrator if there is no will, who will marshall the estate assets and go through the process of distribution of the estate with, of course, court supervision and approval.